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SHERRELL BY AND THROUGH WOODEN v. CITY OF LONGVIEW

Civ. A. No. TY-87-240-CA.

683 F.Supp. 1108 (1987)

Jeremy M. SHERRELL, A Minor, Acting By and Through his Guardian Phyllis WOODEN, Plaintiff, v. The CITY OF LONGVIEW, Police Chief James McLaughlin, Deputy Police Chief Neil McKinney, and Former Police Officer Kenneth Alan Kavanaugh, Sergeant Phil English, Defendants.

United States District Court, E.D. Texas, Tyler Division.

December 30, 1987.

Attorney(s) appearing for the Case

Guy N. Harrison, Mobley, Green & Harrison, Longview, Tex., for plaintiff.

Michael R. Buchanan, Dallas, Tex., T. John Ward, Sharp, Ward, Price & Searcy, Longview, Tex., for City of Longview and McLaughlin.

Robert W. Weber, Atchley Russell Waldrop & Hlavinka, Texarkana, Tex., for McKinney and English.

Kenneth A. Kavanaugh, pro se.

MEMORANDUM OPINION

JUSTICE, Chief Judge.

Defendants City of Longview, Police Chief James McLaughlin, Deputy Chief Neil McKinney, and Sergeant Phil English move to dismiss the complaint for failure to state a claim upon which relief can be granted, under Fed.R.Civ.P. 12(b)(6). In the alternative, they move for a more definite statement, pursuant to Fed.R.Civ.P. 12(e).1

The party bringing a motion to dismiss under Rule...

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